Clean and Fair Elections

[intro-paragraph]In November of 1912, Montana voters passed the Corrupt Practices Act by citizens’ initiative. The law prohibits corporations from using their general treasury funds to influence Montana political elections.[/intro-paragraph]

The language of the law has never been changed and for nearly 100 years the legitimacy of the Corrupt Practices Act has not been disputed.

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On June 25, 2012, in a divided 5-4 ruling, the U.S. Supreme Court reversed the Montana Supreme Court and struck down Montana’s citizen-passed ban on direct corporate expenditures.

Attorney General Steve Bullock had been the only attorney general in the country fighting to keep the ban in Montana in place. Here is his statement on the high court’s decision:

“It is a sad day for our democracy and for those of us who still want to believe that the United States Supreme Court is anything more than another political body in Washington, D.C.

“I am very disappointed in what the U.S. Supreme Court’s decision means for state and local elections in Montana – and for our entire nation. One hundred years ago, Montanans passed an initiative to protect democracy, to give everyday people a voice that would no longer be silenced by a sea of corporate money. Their wisdom and the Corrupt Practices Act of 1912 have served Montana well for over a century, and could have provided the Court with the opportunity to revisit some of the fundamental fallacies underlying the Citizens United decision.

“I am proud to have led this fight for Montana and honored that 22 other states and Sens. Sheldon Whitehouse (D-R.I.) and John McCain (R-Ariz.) stood shoulder to shoulder with Montana. Despite this disappointing decision, the last word has not been spoken on the issue of how we preserve a viable democracy in which everyday people have a meaningful voice. History will show that it was Montanans and the Montana Supreme Court that understood the heart of this issue and stood on the side of ‘We the people.’”

While five of the Court’s justices voted to reverse the Montana Supreme Court’s decision, four justices – led by Justice Breyer – voted to deny ATP’s petition to rehear the case and instead uphold the Montana court’s decision. In the dissent, Justice Breyer wrote:

“Montana’s experience, like considerable ex¬perience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so.”

Background of the Case

In January of 2010, the U.S. Supreme Court ruled in the landmark Citizens United case that the federal ban on corporate independent expenditures in the run-up to federal elections violates the free speech protections guaranteed U.S. citizens in the Constitution. The decision applied only to federal elections and did not address the separate federal prohibition against corporate or union monies flowing directly to a candidate. Those federal prohibitions still stand.

Nevertheless, Citizens United paved the way for what have become known as “SuperPACs,” or political action committees that can take unlimited amounts of corporate or union money and spend that money to influence the outcome of elections. The decision also created uncertainty about the many state restrictions on corporate spending in state elections, including Montana’s Corrupt Practices Act.

Later that year, Western Tradition Partnership, a 501 (c)(4) corporation based in Colorado, and two other plaintiffs, sued the state of Montana arguing that the Corrupt Practices Act violated the U.S. Constitution, in light of the U.S. Supreme Court’s interpretation in Citizens United.

Bullock argued that Montana’s law – passed by citizens and born in a time when corporate money dominated the state’s political landscape – should stand. For one, he argued, the Citizen’s United case does not automatically allow unfettered corporate spending in elections. Rather, it creates a standard of compelling state interest in which there can be exceptions to limitless political spending. Montana’s history – dominated for generations by the power and wealth of the Amalgamated Copper Co. (later the Anaconda Co.) – proves that Montanans indeed had a “compelling state interest” in leveling the political playing field between corporation and citizen.

A district court disagreed and stuck down the Montana provisions that required corporations to speak through separate Political Action Committees. The court allowed, for the first time since 1912, independent expenditures influencing Montana elections to be made directly from corporate treasuries. Bullock appealed to the Montana Supreme Court, arguing the case himself on Sept. 21, 2011.

On December 30, 2011, the high court reversed the district court’s decision, restoring the Corrupt Practices Act and leaving Montana as the only state in the union that still has an enforced prohibition on expenditures made directly from the corporate treasury to influence political elections.

Western Tradition Partnership, which has since changed its name to American Tradition Partnership and moved its headquarters to Washington, D.C., appealed the case to the U.S. Supreme Court.

The U.S. Supreme Court issued an order on Feb. 17, 2012 providing that Montana’s ban on independent corporate expenditures — contained in the Corrupt Practices Act — is unenforceable pending further ruling by the U.S. Supreme Court.

Press Releases

News Info:

Department of Justice news releases are available online, with links to other documents such as formal opinions and court decisions when appropriate. For more information or to schedule interviews with Attorney General Tim Fox or other Department of Justice staff members, reporters should contact one of the department’s communications officers at (406) 444-2026. Available information may be limited by the Montana Criminal Justice Information Act of 1979 or by the status of an ongoing criminal investigation.
Direct media inquiries to:
John Barnes johnbarnes@mt.gov or Anastasia Burton aburton@mt.gov
or by phone: 406-444-2026

Attorney General's Office & Legal Services Division

The Attorney General’s Office, headed by Attorney General Tim Fox, and the Legal Services Division function as the lawyers for the State of Montana. The attorneys in the Office have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.

Children’s Justice Bureau

The Children’s Justice Bureau is an agency-wide initiative at the Montana Department of Justice dedicated to IMPROVING how we respond to child victims, DEVELOPING state-of-the-art approaches by keeping up with the newest research and, most importantly, HELPING child victims recover and move on with their lives.

Forensic Science Division & State Crime Lab

The mission of the Montana Forensic Science Division is to use operationally efficient and financially responsible practices as the laboratory provides accurate, objective, and timely forensic analyses to the criminal justice community in order to maximize value to the citizens of Montana.

Missing Persons Clearinghouse

The Missing Children Act of 1985 established a Montana Missing Persons Clearinghouse within the Department of Justice. In March 2008, the department implemented a searchable online database that, for the first time, is updated in real time and includes any photos provided by law enforcement.

Office of Victim Services

The goal of the Office of Victim Services is to provide tools and information to help crime victims recover from their experience and provide them with a range of services available. The criminal justice system can be confusing and intimidating for victims. To assist them as they go through the justice system, the Office of Victim Service is available to answer any questions they may have.

Central Services Division

The Montana Department of Justice’s Central Services Division provides financial and human resources support for the department. We make sure that everything works for the people Working for Justice. If you’re interested in a rewarding career helping protect the rights and safety of all Montanans, we invite you to join our team of over 800 dedicated employees working across the state.

Motor Vehicle Division

The mission of the Motor Vehicle Division (MVD) is to identify and promote efficient, cost-effective programs that benefit the interests, safety, and well-being of Montana citizens through licensing, registering, and regulating the motoring activities of the public. The MVD continuously strives for excellence in customer service. Streamlining the way we do business has allowed us to improve our efficiency and make our services more convenient for our customers.

Natural Resource Damage Program

The Natural Resource Damage Program (NRDP) was created in 1990 to prepare the state’s lawsuit against the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River Basin (UCFRB). Decades of mining and mineral processing operations in and around Butte and Anaconda released substantial quantities of hazardous substances into the Upper Clark Fork River Basin between Butte and Milltown. These hazardous substances extensively degraded the area’s natural resources.

Division of Criminal Investigation

The Division of Criminal Investigation (DCI) at the Montana Department of Justice is involved in many aspects of Montana law enforcement and is integral to the Department dciof Justice’s mission of promoting public safety.

Montana Highway Patrol

Montana is rich in natural beauty and history. From Glacier Park in the west to Makoshika Park in the east, the men and women of the Montana Highway Patrol are working hard to make your travels safe and enjoyable. The Highway Patrol’s core values are “Service, Integrity and Respect.” These values are reflected in our commitment to public safety through diligent and fair enforcement of our traffic codes.

Montana Law Enforcement Academy

The Montana Law Enforcement Academy is the premier law enforcement and public safety educational and training institution for state, county, city and tribal officers throughout the state. The Academy offers entry-level programs referred to as Basic Programs and advanced training through an array of Professional Development Programs.

Human Trafficking

The Montana Department of Justice has a continued commitment to victims of human trafficking. In partnership with federal authorities, our agency plays a key role in the investigation, enforcement, and prosecution of crimes related to human trafficking in Montana. This form of modern day slavery does happen here in Big Sky Country.

Public Safety Officer Standards & Training

The Council was formed in 2007 under 2-15-2029, MCA as an independent Quasi-judicial board. And as allowed by statute the Council adopted Administrative Rules in order to implement the provisions of Title 44, chapter 4, part 4, MCA. Per 44-4-403, MCA the Council is required to set employment and training standards for all Public Safety Officers as defined in 44-4-401, MCA and in addition the Council shall provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.

Safe in Your Space

When it comes to embracing new technology, kids have rapidly outpaced their parents and teachers. By their early school years, many children are already more comfortable on the Internet than their parents. But just because children are smart enough to know how to navigate the Internet, doesn’t mean they have the experience to make good decisions about some of the possibilities they may face online.

Gambling Control Division

Through the Gambling Control Division, the Department of Justice regulates all forms of gambling in Montana, except for the Montana Lottery and horse racing. The legislature has charged the division with maintaining a uniform regulatory climate that is fair and free of corrupt influences. The division is also responsible for collecting gambling revenue for state and local governments.

Montana Sexual or Violent Offender Registry

Prescription Drug Abuse Awareness Program

Montana’s deadliest drugs aren’t made in secret labs and they don’t always come from dealers on the corner. They’re in our own medicine cabinets. Each year, prescription drug abuse contributes to the deaths of more than 300 Montanans — making prescription drug abuse 15 times more deadly than meth, heroin and cocaine combined. Our kids report the third-highest rate of prescription drug abuse in the country and more than half of them say prescription drugs are easier to get than street drugs.

Montana 24/7 Sobriety Program

Drinking and driving has been a chronic – and deadly — problem on Montana’s roadways for decades. In 2008, Montana was ranked as the deadliest state in the nation when it came to per capita DUI-related traffic fatalities.

Work for Justice

Everyday at The Montana Department of Justice, our employees are dedicated to ensuring the well-being and rights of the people of our great state. We’re passionate about what we do because it’s more than a job or a career. It’s about who we are as people. If this sounds like you, your unique experiences, knowledge, and values may be just what the Montana Department of Justice is looking for and needs. In return we can offer a culture that promotes fairness and growth opportunities.